Hayward court declares [outdoor music] noise law unconstitutional
Posted on April 26, 2011
A city ordinance in Hayward that banned outdoor music after 10 p.m. has been ruled unconstitutional. Attorney Glenn Stoddard calls it a victory for live music.
He represents Molly Scheer, whose wine bar was raided while a band was performing outside her establishment two nights after the ban was adopted in September of 2007.
Stoddard says local governments can limit decibel levels in general but cannot ban a particular type of sound like music. He says music is protected as free speech under the First Amendment, but that doesn’t stop communities from limiting both outdoor and indoor music.
Meanwhile, Hayward taxpayers might be left on the hook for compensation. Stoddard says a trial is set for late September on Scheer’s claim of lost profits and reputation damage. The city has not commented.
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